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rule of parity


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If an employee has completed sufficient service to meet plan eligibility, terminates before the plan's effective date and is subsequently rehired, can the rule of parity be invoked to require the employee to resatisfy eligibility (assume rule of parity conditions satisfied). Since the rule is drafted in terms of nonvested "participants" (410(a)(5)(d))), can it be applied to employees who haven't yet become participants?

Or, in holland's words, am I being "hypertechnical"?

What do folks do with yo-yo employees?

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